BROADHURST v WILLIAMS [1991] NSWCA 33

BROADHURST v WILLIAMS [1991] NSWCA 33

The proper figure for rectification costs for the faulty footings should be $10,000, reflecting Mr Jarvis' conservative estimate, rather than the $11,600 allowed at trial, due to flaws in Mr Watt's methodology and Mr Jarvis' evidence being more reliable despite both parties' contentions; the appeal is allowed to that extent.

Parties
Appellant: Broadhurst; Respondent: Williams
Jurisdiction
Australia
Judgment Date
01 October 1991
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part; judgment reduced by $1,600.
Legal Topics
Rectification Costs, Scott Schedule, Evidence
Building and Construction Law Rectification Costs Scott Schedule Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Broadhurst

Appellant

Williams

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in accepting the rectification cost evidence of Mr Jarvis instead of Mr Watt
  2. 2 Whether the trial judge correctly assessed damages based on evidence presented
  3. 3 Whether the evidence of Mr Jarvis was appropriately treated as common ground

Ratio Decidendi

The proper figure for rectification costs for the faulty footings should be $10,000, reflecting Mr Jarvis' conservative estimate, rather than the $11,600 allowed at trial, due to flaws in Mr Watt's methodology and Mr Jarvis' evidence being more reliable despite both parties' contentions; the appeal is allowed to that extent.

Court Disposition

Appeal allowed in part; judgment reduced by $1,600.

Orders

  • Appeal allowed.
  • Judgment of Judge Craigie set aside and judgment entered for respondent for $14,023 dated from 10 June 1988.